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National Health Law Moot Court Competition

In the Supreme Court of the United States Docket No. 18-102

Pages 467-498 | Published online: 02 Apr 2021
 

Notes

1 Last term, the Court dismissed a case because it presented a political question under the second Baker factor. See Rucho v. Common Cause, 139 S.Ct. 2484, 2494, 2507-08 (2019) TA \l "Rucho v. Common Cause, 139 S.Ct. 2484, 2494, 2507 (2019)" \s "Rucho v. Common Cause, 139 S.Ct. 2484 (2019)" \c 3 . Though the Court indicated that the second Baker factor is just one way that a case could pose a political question, it did not identify the other ways. See id. at 2494. Thus, Zivotofsky remains the last case to illustrate the Court’s complete framework for identifying political questions.

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